VZCZCXRO0526
OO RUEHROV RUEHTRO
DE RUCNDT #1073/01 3292357
ZNR UUUUU ZZH
O 252357Z NOV 09
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC IMMEDIATE 7710
INFO RUEHXK/ARAB ISRAELI COLLECTIVE IMMEDIATE
RUEHGG/UN SECURITY COUNCIL COLLECTIVE IMMEDIATE

UNCLAS SECTION 01 OF 05 USUN NEW YORK 001073 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL KWBG KPAL UNSC IS LE
SUBJECT: UNSC: MONTHLY MIDDLE EAST MEETING - LIBYA KEEN FOR 
RESOLUTION WHILE REST EMPHASIZE NEED FOR BILATERAL 
NEGOTIATIONS 
 
REF: STATE 120323 
 
¶1. (SBU) Summary: The UN Secretariat's briefing to the 
Security Council at its monthly meeting on the Middle East on 
November 24 focused on the current impasse in re-launching 
bilateral negotiations, given continuing Israeli settlement 
activity.  The humanitarian situation in Gaza remains 
troubling with the approach of winter, he noted.  He also 
called attention to the lack of resolution 1860 
implementation, rocket fire from Gaza which continued over 
the last month, and Israeli air strikes and incursions in 
response.  The briefer called for a "clear strategy on the 
way forward" and a united position from the international 
community.  In the Council consultations afterwards, the 
Libyan Perm Rep questioned the political horizon and called 
for a Council resolution ending Israeli settlement activity. 
While only Uganda voiced support for Council action, the 
majority of Council members emphasized the need for bilateral 
negotiations.  There also was near consensus from members on 
the need for Israel to freeze settlement activity, including 
natural growth.  Ambassador Wolff emphasized the critical 
importance of the two parties resuming negotiations in order 
to negotiate a final status agreement themselves.  He 
stressed that a Council resolution could be a disincentive 
for each of the parties to negotiate and strongly urged 
against such a course.  Several Council members also called 
for the reopening of crossings into Gaza with an appropriate 
monitoring regime and reminded about the humanitarian 
situation in Gaza.  Only France and the UK raised the 
Goldstone report, calling for all parties to undertake 
independent investigations and urging accountability. 
Several Council members welcomed the new government in 
Lebanon and called on it to implement Council resolutions. 
The Libyan Perm Rep and the Palestinian Permanent Observer 
both addressed the press stake-out after consultations, 
leaving the impression that they would pursue a Council 
resolution on the Middle East.  Ambassador Wolff later urged 
each privately to refrain from public statements if they hope 
to work with us on a way forward.  End summary. 
 
Secretariat's Briefing 
---------------------- 
 
¶2. (SBU) Assistant Secretary-General for Political Affairs 
Haile Menkerios briefed the Security Council at its monthly 
meeting on the Middle East on November 24.   He noted that, 
despite all recent attempts to restart negotiations, 
political efforts have reached a deep impasse and much of the 
problem is due to a failure to implement Roadmap commitments, 
citing continued Israeli settlement activity as an example. 
He referred to the Jerusalem Planning Board's  November 17 
approval of an additional 900 housing units in Gilo and 17 
house demolitions that were carried out in East Jerusalem 
over the reporting period, causing the displacement of 99 
Palestinians.  He reported that Palestinian President Abbas 
publicly announced on November 5 that he does not plan to 
stand for re-election.  Menkerios later said that Abbas' 
decision reflects a personal assessment that the peace 
process lacks content and credibility.  He also reported that 
while Abbas had called on October 23 for presidential and 
legislative elections to be held in January 2010, they would 
not be held, given Hamas declaration against holding 
elections in Gaza and the Central Election Commission's 
subsequent announcement on 12 November that elections would 
no longer be possible.  Menkerios highlighted the need for 
intra-Palestinian unity and praised Egyptian efforts to date, 
noting that Fatah has signed onto the current proposed 
factional agreement, while Hamas has thus far refused. 
 
¶3. (SBU) Despite these setbacks, Menkerios reported that the 
Palestinian Authority (PA) has taken concrete steps to meet 
its Roadmap obligations, pursue security interests, and 
improve law and order.  He cited the example of the PA 
security forces' confiscation of 20 pipe bombs on October 15 
which were later handed over to the Israel Defense Forces. 
He noted the launch of the new "Wataniya" telecommunications 
company and the opening of the Jalameh crossing to 
Israeli-Arabs to travel into Jenin.  Menkerios reported that 
579 obstacles to movement still remain in the West Bank; a 
slight improvement from the 592 barriers that existed in 
September.  He said there were 45 documented Israeli settler 
attacks on Palestinians and their olive harvests during the 
last month and 26 incidents of Palestinian violence toward 
Israeli settlers.  He said Israeli raids in the West Bank 
resulted in 73 injured Palestinians and over 300 arrests, and 
two reports of armed Israeli settlers trying to take control 
of Palestinian homes in East Jerusalem were recorded, as well 
as renewed confrontations around the Haram al Sharif/Temple 
Mount on October 25. 
 
USUN NEW Y 00001073  002 OF 005 
 
 
 
¶4.  (SBU) On Gaza, Menkerios stated that key elements of 
Resolution 1860 remain to be fulfilled.  He mentioned 
deteriorating public infrastructure, environmental 
degradation, and the destruction of livelihoods as areas of 
top concern.  He reported that OCHA is finalizing a "winter 
response plan" which will attempt to supply the bare minimum 
for Palestinian humanitarian needs, including fuel and 
electricity, building repair materials, water pumps and 
sanitation devices.  The Israeli government is facilitating 
water and sanitation projects in Gaza, he said, so UNICEF is 
installing two desalination units, but materials for three 
other approved projects are still pending entry into Gaza. 
He reminded the Council that the Israeli government has still 
not approved the UN's May 2009 pilot project request to 
complete USD 77 million in UNRWA and UNDP housing, school, 
and health facilities projects, though the UN has "left no 
stone unturned in seeking approval of this package in 
extensive consultations with the Israeli authorities and is 
confident of its capacity to ensure the integrity of 
programming."  According to Israeli officials, he said, arms 
continue to be smuggled into Gaza and rockets capable of 
reaching Tel Aviv have been test-fired from the Gaza Strip. 
During the last month, he said, 12 rockets and mortars were 
fired from Gaza into southern Israel and Israel conducted 19 
incursions and 9 air strikes in response, leaving one 
Palestinian child dead.  He reiterated calls for the release 
of Gilad Shalit, as well as for the 9,000 Palestinian 
prisoners in Israeli jails.  He noted that Hamas closed down 
the International Federation of Journalists in Gaza on 
November 9 and continues to restrict public assembly.  Over 
2,500 pilgrims left Gaza over the last month to perform the 
pilgrimage but 750 students have not been able to leave for 
study opportunities abroad. 
 
¶5. (SBU) Menkerios noted the release by Israel of two Syrian 
prisoners from the Golan.  He reiterated the 
Secretary-General's statement welcoming the formation of the 
Lebanese national unity government with the signing of the 
decree by President Sleiman and Prime Minister-designate 
Hariri on November 9, five months after Parliamentary 
elections took place.  He said that UNIFIL's area of 
operations in southern Lebanon has remained quiet since the 
Secretariat's briefing to the Council on the UNSCR 1701 
report (November 10) but that air violations continue on a 
daily basis. 
 
¶6.  (SBU) In conclusion, Menkerios said that "without a 
credible political horizon -- including commitments made, 
monitored and kept, and a calling to account when obligations 
are breached -- forces of violence, tension and extremism on 
both sides will fill the vacuum."  He said the 
Secretary-General is active with Quartet partners in seeking 
a "clear strategy on the way forward."  Menkerios said that 
the Secretary-General believes this "requires immediate 
actions on the ground to strengthen the process, a 
reaffirmation of Roadmap requirements and the need for their 
implementation, and clear terms of reference for negotiations 
on all core issues grounded in the resolutions of this 
Council and agreements reached between the parties."  He then 
called for the international community to take a "clear and 
united position." 
 
Libya makes pitch for resolution 
-------------------------------- 
 
¶7.  (SBU) Libyan Perm Rep Shalgham spoke first when the 
Council moved into consultations after the briefing.  He 
questioned the political horizon when "negotiations are a 
failure" and "settlements are continuing."  He urged the 
Council to "take a stand and make a decision" on its 
resolutions and put an end to settlements.  He referred to a 
recent Egyptian television interview of President Abbas who 
had articulated his disappointment and desire to not remain 
in office.  Shalgham said a Council resolution would be 
helpful but that the negotiating process did not have to be 
rushed.  He urged the Council to convey a positive message to 
all the parties in the region. 
 
Other Council members emphasize 
need for bilateral negotiations 
------------------------------- 
 
¶8.  (SBU) Japanese Perm Rep Takasu emphasized that there is 
"no magic formula" and only genuine dialogue will solve this 
conflict and the Council should encourage the parties to 
tackle the difficult issues.  He also urged support of PA 
President Abbas and his efforts.  The Mexican Pol Counselor 
called for a renewal of talks and stressed the need for both 
 
USUN NEW Y 00001073  003 OF 005 
 
 
parties to fulfill their obligations under Security Council 
resolutions and to respect international humanitarian law and 
human rights.  French Perm Rep Araud called for an early 
resumption of negotiations for the conclusion of an agreement 
on two states -- "Jewish and Palestinian with Jerusalem as 
their capitals."  He urged that "other issues should not 
detract from our efforts" to get the parties to resume 
negotiations.  He said it was "not helpful to select another 
path."  He reminded the Council that France is prepared to 
play its role and stands ready to host a summit of the 
Mediterranean with all involved stakeholders.  Russian Perm 
Rep Churkin characterized the situation as "serious but not 
hopeless" and said that the Quartet fully supports Special 
Envoy Mitchell's efforts.  He reminded the Council of 
Russia's readiness to host a conference in Moscow at an 
acceptable time but noted the need to advance on the other 
tracks as well.  The Chinese Deputy Perm Rep called the peace 
process "once again at a crossroads" and called for a 
resumption of negotiations on a two-state solution but noted 
that the on-the-ground situation was not helpful.  He 
underscored that political negotiations are the only correct 
path.  The UK and Croatian Perm Reps offered support of U.S. 
efforts but noted, respectively, that prospects looked bleak 
and that there was deepening disillusionment.  UK Perm Rep 
Lyall Grant urged the international community to "focus on 
practical steps to get the parties back to the table."  He 
reiterated Foreign Secretary Miliband's May 11 statement of 
the goal of two states based on the 1967 borders, Jerusalem 
as the capital, and a just settlement on refugees. 
 
¶9.  (SBU) Turkish Perm Rep Apakan reiterated what he termed 
the "foundations for peace: 1967 borders, Jerusalem as the 
capital, and a just settlement for refugees."  He commented 
that Palestinians can better sustain an indeterminate future 
when there is a credible peace process.  Without one in 
place, he said, it is "hard for them to hold out hope," so 
Council members are "duty-bound" to act.  While Ugandan Perm 
Rep Rugunda called for a resumption of negotiations, he did 
agree with the Libyan Perm Rep that it was time for the 
Council to speak out.  Both Turkey and China called for 
support of President Abbas and Prime Minister Fayyad.  Costa 
Rican Perm Rep Urbina said that a future Palestinian state 
can only be based on international law, not on force.  He 
said that his President would be traveling soon to the region 
with that message.  He also reminded the Council of President 
Abbas' previous interest in Costa Rice given its lack of an 
army and hoped that Costa Rica could serve as a model for a 
future Palestinian state. 
 
Near consensus on need for 
settlement freeze 
-------------------------- 
 
¶10.  (SBU) Mexico called on both parties to comply with their 
Roadmap commitments.  Austria, France, Japan, Mexico, and 
Uganda called on Israel to freeze settlement activity, 
including natural growth.  French Perm Rep Araud decried the 
recent Gilo approval as "deplorable;" the Vietnamese 
representative called it "intolerable."  Russian Perm Rep 
Churkin called settlement expansion "unacceptable" and that 
he expected the Gilo approval and other approvals to be 
"revisited."  The Burkinabe Deputy Perm Rep said that 
Israel's continuation of its settlement policy is not a 
"conducive dynamic."  Turkish Perm Rep Apakan called Israeli 
practices on housing "illegal" and "obstructing peace 
efforts."  He called for them to refrain from further 
provocative actions.  The Chinese Deputy Perm Rep called for 
the parties to stop unilateral actions that prejudge final 
status.  UK Perm Rep Lyall Grant called continued Israeli 
settlement activity illegal and only exacerbating the tension 
and becoming a major obstacle.  Costa Rican Perm Rep Urbina 
said that continued Israeli settlement expansion weakens 
those called upon to be Israel's interlocutors. 
 
U.S. emphasizes that SC resolution could 
be disincentive for parties to negotiate 
and urges patience 
---------------------------------------- 
 
¶11.  (SBU) Ambassador Wolff emphasized the critical 
importance of the two parties resuming negotiations in order 
to negotiate a final status agreement themselves.  He 
recognized that the current situation is difficult, that some 
have labeled it an impasse, but that we need to do better. 
He underscored that the Council is in broad agreement about 
the path and the goal -- negotiations leading to two states 
-- and that it would be unhelpful if all of the Council's 
efforts towards this were undermined by precipitate and 
unsuccessful efforts for a particular product.  He urged 
 
USUN NEW Y 00001073  004 OF 005 
 
 
patience, dispassion, and wisdom.  He noted that there are 
signs of hope on a freeze on settlements, though not to the 
extent we would like, but nevertheless they are positive.  He 
reiterated the White House's statement on the Gilo expansion 
approval and other housing demolitions in Jerusalem.  He 
concluded by reminding the Council that Jerusalem is a 
permanent status issue that must be negotiated between the 
parties.  The Council should not provide a disincentive to 
the parties to seek anything but a negotiated solution. 
 
 
Council calls for opening 
of crossings into Gaza 
------------------------- 
 
¶12.  (SBU) The Japanese Perm Rep called for the smooth entry 
of goods and people into and out of Gaza and noted the GOI's 
lack of response to the UN's pilot program of projects.  The 
UK, Uganda, and Croatia called for an end to rocket attacks 
on Israel, and Uganda called for a cessation of Israeli 
airstrikes in response.  Austria, Croatia, France, Mexico, 
the UK and the U.S. stressed the need for the sustained 
re-opening of the crossings with an appropriate monitoring 
mechanism but Austria caveated there call by saying that a 
monitoring system should not mean hardship to the dignity of 
civilians.  Mexico called for a lifting of the blockade since 
it encourages illicit trafficking.  China called for a 
"scaling up of humanitarian efforts."  France urged that the 
Palestinian civilians in Gaza not be forgotten and called for 
the release of Gilad Shalit, along with the UK.  The 
Burkinabe Deputy Perm Rep also called attention to the 
humanitarian suffering in Gaza and in response to recent 
Israeli airstrikes.  Burkina Faso, China, and Turkey all 
called for full implementation of UNSCR 1860 and urged all 
parties to use restraint.  The Chinese Deputy Perm Rep voiced 
concern that the humanitarian situation could deteriorate 
further.  Only France and the UK mentioned the Goldstone 
report; both called for all parties to undertake independent 
investigations and reminded that international humanitarian 
law should be applied and that the lack of accountability can 
do more harm. 
 
Lebanon 
------- 
 
¶13.  (SBU) The French Perm Rep highlighted the formation of 
the Lebanese government and called on all parties to 
implement resolution 1701 and to support UNIFIL.  He also 
noted that they were closely following the 
Secretary-General's review of UNIFIL.  The Burkinabe Deputy 
Perm Rep urged the new Lebanese government to resolve 
outstanding questions on militias and disarmament through the 
Doha process, and he called for an end to overflights. 
Ambassador Wolff also welcomed the formation of the new 
Lebanese government and its participation next year on the 
Security Council.  He reiterated U.S. support for the Special 
Tribunal for Lebanon and the need for the new government to 
fully implement resolutions 1559, 1680, and 1701.  He asked 
that DPKO to brief the Council on the findings of its 
investigation of the Tayr Filsay explosion in its next 1701 
quarterly report. 
 
Libya and Palestinian reps drawn to press; 
could make it difficult to quietly 
work with them on Council product 
---------------------------------- 
 
¶14.  (SBU) Libyan Perm Rep Shalgham went to the press 
stakeout after consultations and said that there was 
consensus in the Council "condemning settlements, especially 
in Eastern Jerusalem" and consensus on the "death of 
negotiations and peace."  When pressed by reporters on 
whether Libya would table a resolution on settlements, he 
said, "We are concentrating on the settlements, and we hope 
we can have (an) outcome before the holidays, before the 
vacations."  (Note: He did not clearly articulate to which 
holidays he was referring.  End note.)  Later on, he did 
recall that Libya has a draft resolution "in blue" on 
settlements from July 2008.  Palestinian Permanent Observer 
Mansour then went out to the press stakeout and emphasized 
his interpretation of the Council's consultations, though he 
was not in the room, and highlighted Israel's disregard of 
the "unanimous position of the international community 
regarding stopping all settlement activities, including 
natural growth."  He called for a "collective effort to bring 
Israel into compliance with the requirement of peace if we 
want to find a way to move forward."  After speaking for 
several minutes, he then told the press, "So, a position, in 
the form of an outcome in the Security Council, in the form 
 
USUN NEW Y 00001073  005 OF 005 
 
 
of a resolution of some of these options, or all of them 
together, would be an available option to the international 
community to bring Israel into compliance, if the 
international community is serious about resolving this 
impasse, this deadlock, and finding practical ways in order, 
really, to open doors for the revival of the peace process." 
In response to a reporter's question, he later backtracked 
away from a settlement-specific resolution and suggested 
other options could be considered or a resolution "that would 
allow for the resumption of negotiations, which is stopping 
all settlement activities...and the terms of reference of the 
peace process." 
 
¶15.  (SBU) Ambassador Wolff later spoke privately and 
separately with Shalgham and Mansour and chastised both for 
putting their demands to the press while they simultaneously 
sought to work with us on exploring possible options.  He 
emphasized that public statements raised unrealistic 
expectations which could make it harder for us to reach 
agreement on a way forward in the Council.  Shalgham claimed 
he told the press that he wanted the U.S. on board and would 
not pursue the matter if we opposed it.  (Note: This did not 
come across in the webcast of his stakeout remarks.  End 
note.)  Mansour said he had only gone to the stakeout in 
response to Shalgham's comments in order to lower 
expectations.  Ambassador Wolff emphasized to him that his 
statement did just the opposite.  Both told Ambassador Wolff 
that they would refrain from addressing the issue with the 
press while they sought to work with the U.S. in private.  In 
a separate conversation, Arab League Observer Mahmassani 
approached Wolff to say that Arab League SYG Amr Moussa told 
him it would be better to get the U.S. on board with a 
Presidential Statement (PRST) than to have a failed effort 
for a resolution. 
RICE